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If Article 3.1(B) is selected, the Owner’s responsibilities are detailed at Article 9 of the General Conditions.  In this circumstance the Contractor is only responsible to apply the ice melting product as specifically directed by the owner and as described at Article 3.1(B).  The Owner assumes all other responsibilities.  Article 3.1(B) also requires that the parties determine how requests for the application of snow and ice products are to be made.  It is preferable that these requests be made or confirmed in writing.

In some circumstances, an Owner may wish to predetermine when snow and ice products will be applied without giving the Contractor full discretion.  The Owner, for example, may wish the Contractor to apply ice melting products whenever he attends to clear snow.  In this circumstance, Article 3.1(B) should be selected.  The Owner can then make a written request for the application of ice melting products in accordance with that Article.  In that case, the request should be detailed, including drawings and specifications as appropriate.  (See the comments below on drawings and specifications).

Article 8 of the General Conditions also confirms that the application of ice melting products will not instantly and completely remove all ice from a premises.  This known fact is stated so as to avoid any suggestion that the Contractor guarantees the impossible, immediate and total removal of ice.

Schedule “A”

As the Contractor can be liable if he fails to perform his work in accordance with the Contract, the Contractor’s work must be clearly and accurately described.  This is done through Schedule “A.”

1.Definitions

Drawings and Specifications should be attached to the Schedule “A,” detailing the scope of work.  The drawings should include a site map of the premises and, if necessary, further detailed drawings.  The drawings will generally be Schedule “B.”  Specifications are the written descriptions of the work to be performed.  In many circumstances the Specifications can be incorporated into the Drawings.  If this is the case, there is no need for a Schedule “C” (and the references to Schedule “C” can be struck out).  If additional written specifications are required, however, these should be attached as Schedule “C.”

The various tasks generally performed by snow maintenance contractors are defined.  For the contract to be consistent and clear, the defined terms should be used to describe the work in the drawings and specifications.  The drawings and specifications should be as detailed as possible, describing when and how the Contractor is going to deal with snow on the Premises.  

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